Bruner v. United States, No. 391
| Court | United States Supreme Court |
| Writing for the Court | VINSON |
| Citation | 343 U.S. 112,72 S.Ct. 581,96 L.Ed. 786 |
| Docket Number | No. 391 |
| Decision Date | 24 March 1952 |
| Parties | BRUNER v. UNITED STATES |
v.
UNITED STATES.
Mr. Denmark Groover, Jr., Macon, Ga., for petitioner.
Mr. James R. Browning, Sp. Asst. to the Atty. Gen., for respondent.
Page 113
Mr. Chief Justice VINSON delivered the opinion of the Court.
In 1941, petitioner was appointed a civilian fire chief at Camp Wheeler, Georgia, by a local army commander acting under authority delegated by the Secretary of War. In 1948, petitioner brought this action in the District Court to recover overtime compensation allegedly due for his services as fire chief. Jurisdiction to enter judgment against the United States was based on the Tucker Act which granted to the District Court jurisdiction, concurrent with the Court of Claims, over certain civil actions against the United States.1
At the time this action was commenced, Congress had provided that nothing in the Tucker Act shall be construed as giving the District Court—'jurisdiction of cases brought to recover fees, salary, or compensation for official services of officers of the United States or brought for such purpose by persons claiming as such officers or as assignees or legal representatives thereof; but no suit pending on the 27th day of June, 1898 shall abate or be affected by this provision.'2 The District Court, holding that petitioner was an 'officer of the United States,' entered judgment dismissing petitioner's complaint for want of jurisdiction. The Court of Appeals for the Fifth Circuit affirmed. 189 F.2d 255.
Page 114
In Beal v. United States, 1950, 182 F.2d 565, the Court of Appeals for the Sixth Circuit sustained jurisdiction of the District Court over a suit brought by another civilian fire fighter appointed by the War Department on the ground that he was only an 'employee' and not an 'officer of the United States.' We granted certiorari in the case at bar to resolve the conflict of decisions. 342 U.S. 858, 72 S.Ct. 89.
After certiorari had been granted in this case, the Act of October 31, 1951, Pub.L. No. 248, became effective. Section 50(b) of that Act amended the applicable clause of the Judicial Code 'by inserting, immediately after 'officers' in such clause, the words 'or employees' * * *.'3 As a result of this amendment we are confronted at the threshold of this case with the question whether the Act of October 31, 1951, withdrawing the jurisdiction of the District Court over actions for compensation brought by 'employees,' applies to an action pending on the effective date of the Act. The power of Congress to withhold jurisdiction from the District Court 'in the exact degrees and character which to Congress may seem proper for the public good'4 is not challenged.
The problem presented by this case has arisen before in the administration of the Tucker Act. In 1887, jurisdiction concurrent with the Court of Claims was given the circuit and district courts in all cases involving claims below stated dollar amounts. In 1898, difficulties in defending claims for compensation brought in different courts prompted Congress to withdraw from the circuit and district courts jurisdiction over cases 'brought to recover fees, salary, or compensation for official services of
Page 115
officers of the United States * * *,'5 thereby centralizing all such cases in the Court of Claims. Congress made no provision for cases pending at the effective date of the Act withdrawing jurisdiction and, for this reason, Courts of Appeals ordered pending cases terminated for want of jurisdiction. United States v. McCrory, 5 Cir. 1899, 91 F. 295; United States v. Kelly, 9 Cir. 1899, 97 F. 460. Thereafter, Congress restored the jurisdiction of the circuit and district courts to consider cases pending on the date that jurisdiction had been withdrawn.6
The Act of October 31, 1951, withdrawing the jurisdiction of the District Court over suits by 'employees,' did not reserve jurisdiction over pending cases,7 even though reservation of jurisdiction over pending cases had been held required and later had been made by Congress in respect to the 1898 provisions withdrawing jurisdiction over suits by 'officers.' Absent such a reservation, only the Court of Claims has jurisdiction to hear...
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Allapattah Services, Inc. v. Exxon Corp., No. 01-15575.
...important to warrant certiorari] are those involving the jurisdiction of federal district courts.") (citing Bruner v. United States, 343 U.S. 112, 72 S.Ct. 581, 96 L.Ed. 786 (1952)). But see K-Mart Corp. v. Cartier, Inc., 485 U.S. 176, 191, 108 S.Ct. 950, 960, 99 L.Ed.2d 151 (1988) (Scalia,......
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Abrams v. Societe Nationale Des Chemins, No. CIV.A.00-CV-5326(DGT).
...statutes conferring or ousting jurisdiction, whether or not jurisdiction lay when the suit was filed. Thus, in Bruner v. United States, 343 U.S. 112, 116-117, 72 S.Ct. 581, 584-585, 96 L.Ed. 786 (1952), relying on our "consisten[t]" practice, we ordered an action dismissed because the juris......
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Garb v. Republic of Poland, No. 99 Civ. 3487(ERK).
...(1978) (statute eliminating amount-in-controversy requirement in federal question cases applied retroactively); Bruner v. United States, 343 U.S. 112, 116-17, 72 S.Ct. 581, 96 L.Ed. 786 (1952) (statute repealing district court's jurisdiction over wage actions brought by employees of United ......
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Dworman v. Mayor & Bd. of Aldermen, etc., Morristown, Civ. A. No. 1133-73.
...quoting Union Pac. R. Co. v. Laramie Stock Yards Co., 231 U.S. 190, 199, 34 S.Ct. 101, 58 L.Ed. 179. Accord, Bruner v. United States, 343 U.S. 112, 72 S.Ct. 581, 96 L.Ed. 786 (1952); de Rodulfa v. United States, 149 U.S.App.D.C. 154, 461 F.2d 1240, cert. denied, 409 U.S. 949, 93 S.Ct. 270, ......
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Allapattah Services, Inc. v. Exxon Corp., No. 01-15575.
...important to warrant certiorari] are those involving the jurisdiction of federal district courts.") (citing Bruner v. United States, 343 U.S. 112, 72 S.Ct. 581, 96 L.Ed. 786 (1952)). But see K-Mart Corp. v. Cartier, Inc., 485 U.S. 176, 191, 108 S.Ct. 950, 960, 99 L.Ed.2d 151 (1988) (Scalia,......
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Abrams v. Societe Nationale Des Chemins, No. CIV.A.00-CV-5326(DGT).
...statutes conferring or ousting jurisdiction, whether or not jurisdiction lay when the suit was filed. Thus, in Bruner v. United States, 343 U.S. 112, 116-117, 72 S.Ct. 581, 584-585, 96 L.Ed. 786 (1952), relying on our "consisten[t]" practice, we ordered an action dismissed because the juris......
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Garb v. Republic of Poland, No. 99 Civ. 3487(ERK).
...(1978) (statute eliminating amount-in-controversy requirement in federal question cases applied retroactively); Bruner v. United States, 343 U.S. 112, 116-17, 72 S.Ct. 581, 96 L.Ed. 786 (1952) (statute repealing district court's jurisdiction over wage actions brought by employees of United ......
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Dworman v. Mayor & Bd. of Aldermen, etc., Morristown, Civ. A. No. 1133-73.
...quoting Union Pac. R. Co. v. Laramie Stock Yards Co., 231 U.S. 190, 199, 34 S.Ct. 101, 58 L.Ed. 179. Accord, Bruner v. United States, 343 U.S. 112, 72 S.Ct. 581, 96 L.Ed. 786 (1952); de Rodulfa v. United States, 149 U.S.App.D.C. 154, 461 F.2d 1240, cert. denied, 409 U.S. 949, 93 S.Ct. 270, ......